ROAD TRANSPORT ACT 2013 - SECT 129 Evidence and other matters that may be relied on

ROAD TRANSPORT ACT 2013 - SECT 129

129 Evidence and other matters that may be relied on

(cf STM Act, s 43A(2) and (3))

(1) The following provisions apply in relation to proceedings for a speeding offence involving a heavy vehicle in which the person bringing the proceedings seeks to rely on evidence of the average speed of the vehicle--

(a) the average speed of the heavy vehicle calculated in accordance with this Division is admissible and is prima facie evidence of the actual speed at which a driver of the vehicle drove the vehicle on a road between the detection points,

(b) if there was more than one driver of the heavy vehicle between the detection points--each driver is taken to have driven the heavy vehicle at the average speed of the vehicle calculated in accordance with this Division, except as provided by subsection (2),

(c) if more than one speed limit applied to a driver of the heavy vehicle between the detection points and the speeding offence is not a speed limiter offence--

(i) the average speed limit for the driver on a road between the points calculated in accordance with this Division is taken (subject to section 133(2)) to be the speed limit that applied to the driver at all times on the road between those points, and

(ii) a driver of (and any responsible person for) the vehicle may be dealt with under the road transport legislation accordingly,

(d) the heavy vehicle and any of its drivers are, for the purposes of calculating the vehicle's average speed and any average speed limit, taken to have travelled between the detection points by means of the shortest practicable distance between those points regardless of the actual route taken by any of the drivers between the points.

(2) Subsection (1)(b) does not apply in relation to any driver of a heavy vehicle if the driver establishes any ground of exculpation prescribed by the statutory rules. The statutory rules may also provide for the kinds of evidence that may be used in connection with establishing any such ground of exculpation (for example, the provision of a statutory declaration).